Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 E nactment of the Aged Care (Transitional Provisions) Act 1997
(1) Without limiting the effect of the Aged Care Act 1997 apart from this item, that Act , as in force immediately before the commencement of this item, is re - enacted as the Aged Care (Transitional Provisions) Act 1997 .
Note: This item creates a seco nd version of the Aged Care Act 1997 . This second version will be amended by Pa rt 2 of this Schedule , and will continue in force p rovisions relating to subsidies , fees and payment s for care recipients who were receiving care on 30 June 2014.
(2) For the purposes of subparagraph 40(1A)(a)(ii) of the Acts Interpretation Act 1901 , the secular year in which the Aged Care (Transitional Provisions) Act 1997 was passed is taken to be 1997 and its number is taken to be 223.
Note: This means that the Aged Care (Transitional Provisions) Act 1997 may be cited as Act No. 223 of 1997.
(3) Subitem ( 2) has effect despite section 39 of the Acts Interpretation Act 1901 .
Aged Care (Transitional Provisions) Act 1997
2 Title
Omit " relating to aged care ", substitute " to deal with transitional matters in connection with the Aged Care (Living Longer Living Better) Act 2013 ".
Omit " Aged Care Act 1997 ", substitute " Aged Care (Transitional Provisions) Act 1997 ".
Repeal the section, substitute:
This Act commences on 1 July 2014.
1 - 2A Act applies to continuing care recipients
This Act applies only in relation to * continuing care recipients.
5 Subsection 2 - 1(1)
After "this Act", insert ", in conjunction with the Aged Care Act 1997 ,".
6 Paragraph 2 - 1(2) (a)
After "this Act", insert " and the Aged Care Act 1997 ".
After "This Act", insert ", in conjunction with the Aged Care Act 1997 ,".
Omit "Chapter 3", substitute "Chapter 3 of this Act and Chapter 3 of the Aged Care Act 1997 ".
Omit "Chapters 2 and 4", substitute "Chapter s 2 and 4 of the Aged Care Act 1997 and Chapter 4 of this Act ".
After "Chapter 5" , insert "of the Aged Care Act 1997 ".
Omit " (Chapter 2) ".
After "Chapter 3" , insert "of this Act".
After "Chapter 2" , insert "of the Aged Care Act 1997 ".
After "Chapter 3" , insert "of this Act".
15 Paragraph 3 - 3(a)
After "Chapter 2" , insert "of the Aged Care Act 1997 ".
Omit " (Chapter 4) ".
Omit "Chapter 4", substitute "Chapter 4 of this Act and Chapter 4 of the Aged Care Act 1997 ".
After "Chapter 2", insert "of the Aged Care Act 1997 ".
19 Section 3 - 5 (heading)
Omit " (Chapter 5) ".
20 Section 3 - 5
After "Chapter 5" , insert "of the Aged Care Act 1997 ".
21 Subsection 4 - 1(3)
Omit "Parts 2.2, 2.5 and 3.1 apply", substitute "Part 3.1 applies".
22 Subsection 4 - 1(3) (note)
Omit "Parts 2.2, 2.5 and", substitute "Part 3.1".
23 Subsection 4 - 1(3) (note)
Omit "those Parts", substitute "that Part".
24 Chapter 2
Repeal the Chapter.
25 Section 40 - 1
After "Chapter 2", insert "of the Aged Care Act 1997 ".
26 Section 40 - 1
After "section 5 - 2", insert "of that Act".
27 Section 40 - 1
Omit "Chapter 4", substitute "Chapter 4 of this Act and Chapter 4 of the Aged Care Act 1997 ".
28 Section 41 - 2
Repeal the section, substitute:
41 - 2 Residential care subsidy also dealt with in Aged Care (Transitional Provisions) Principles
* Residential care subsidy is also dealt with in the Aged Care (Transitional Provisions) Principles. Provisions in this Part indicate when a particular matter is or may be dealt with in those Principles.
Note: The Aged Care (Transitional Provisions) Principles are made by the Minister under section 96 - 1.
29 Paragraphs 41 - 3(1)(b) and (2)(d)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
30 Paragraph 42 - 1(1)(a)
After "Part 2.2", insert "of the Aged Care Act 1997 ".
31 Paragraph 42 - 1(1)(b)
After "Part 2.3 ", insert "of the Aged Care Act 1997 ".
32 Paragraph 42 - 1(1)(c)
After "section 42 - 4", insert "of the Aged Care Act 1997 ".
33 Subsection 42 - 1(1) (note 2)
After "Part 2.3", insert "of the Aged Care Act 1997 ".
34 Paragraph 42 - 1(4)(b)
Omit "Part 2.3 is not limited under subsection 22 - 2(3)", substitute "Part 2.3 of the Aged Care Act 1997 is not limited under subsection 22 - 2(3) of that Act".
35 Subsection 42 - 1(4) (note)
Omit "Division 7 (relating to a person's approval as a provider of aged care services) or Division 20", substitute "Division 7 of the Aged Care Act 1997 (relating to a person's approval as a provider of aged care services) or Division 20 of that Act".
36 Subsection 42 - 2(1)
After "section 67A - 5", insert "of the Aged Care Act 1997 ".
37 Paragraph 42 - 2(3A)(b)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
38 Paragraph 42 - 3(3)(b)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
39 Sections 42 - 4, 42 - 5 and 42 - 6
Repeal the sections.
40 Subsection 43 - 1(3)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
41 Paragraph 43 - 2(b)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
42 Subsection 43 - 3(4)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
43 At the end of subsection 43 - 3(5)
Add "of the Aged Care Act 1997 ".
44 Paragraph 43 - 6(1)(a)
After "Division 32", insert "of the Aged Care Act 1997 ".
45 Subsection 43 - 6(2) (note)
After "32 - 8(5)(b)", insert "of the Aged Care Act 1997 ".
46 Subsection 43 - 6(3)
Omit "Residential Care Subsidy" (wherever occurring), substitute "Aged Care (Transitional Provisions)".
47 Subsection 43 - 6(5) ( paragraph ( g) of the definition of capital payment )
Repeal the paragraph, substitute:
(b) a payment of a kind specified in the Aged Care (Transitional Provisions) Principles.
48 Subsection 43 - 8(1)
After "section 14 - 5 or 14 - 6", insert "of the Aged Care Act 1997 ".
49 Subsections 43 - 8(2) and (4)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
50 At the end of section 43 - 9
Add "of the Aged Care Act 1997 ".
51 Paragraph 44 - 3(3)(aa)
Omit "Part 2.3 is limited under subsection 22 - 2(3)", substitute "Part 2.3 of the Aged Care Act 1997 is limited under subsection 22 - 2(3) of that Act".
52 Paragraph 44 - 3(3)(cb)
After "paragraph 26 - 1(a) or (b)", insert "of the Aged Care Act 1997 ".
53 At the end of paragraph 44 - 3(3)(cc)
Add "of the Aged Care Act 1997 ".
54 Paragraph 44 - 3(3)(e)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
55 At the end of paragraph 44 - 5A(2)(d)
Add "of the Aged Care Act 1997 ".
56 Paragraph 44 - 5A(4)(b)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
57 Paragraph 44 - 5B(1)(c)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
58 At the end of paragraph 44 - 6(2)(d)
Add "of the Aged Care Act 1997 ".
59 Paragraph 44 - 6(5)(d)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
60 Subparagraph 44 - 7(1)(c)(ii)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
61 Subparagraphs 44 - 8(1)(c)(ii) and (iv)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
62 At the end of paragraph 44 - 8A(2)(c)
Add "of the Aged Care Act 1997 ".
63 Paragraph 44 - 8A(4)(c)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
64 Subsection 44 - 8A(5)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
65 Paragraph 44 - 8A(6)(a)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
66 Subsection 44 - 10(1)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
67 Subsection 44 - 11(1) ( paragraph ( d) of the definition of child )
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
68 Subsection 44 - 11(1) ( paragraph ( c) of the definition of close relation )
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
69 Subsection 44 - 11(1) (definition of homeowner )
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
70 Paragraph 44 - 11(2)(aa)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
71 Subparagraph 44 - 11(2)(b)(iii)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
72 Paragraph 44 - 11(3)(c)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
73 Subparagraph 44 - 12(2)(a)(ii)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
74 Paragraph 44 - 12(2)(b)
After "Part 2.3", insert "of the Aged Care Act 1997 ".
75 Paragraphs 44 - 12(2)(c) and (d)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
76 At the end of paragraph 44 - 12(4)(a)
Add "of the Aged Care Act 1997 ".
77 Paragraph 44 - 12(4)(f)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
78 Paragraph 44 - 13(1)(c)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
79 Subsection 44 - 13(3)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
80 Paragraph 44 - 14(1)(c)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
81 Subsection 44 - 14(3)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
82 Subsections 44 - 16(1) and (2)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
83 Paragraph 44 - 18(1)(b)
After "Division 31", insert "of the Aged Care Act 1997 ".
84 Paragraph 44 - 18(1)(b)
After "paragraph 32 - 8(3)(b)", insert "of the Aged Care Act 1997 ".
85 At the end of subsection 44 - 18(2)
Add "of the Aged Care Act 1997 ".
86 Subsections 44 - 20(5), (6) and (8)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
87 Paragraph 44 - 22(1)(c)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
88 Subsections 44 - 22(2) and (4)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
89 Subsection 44 - 24(5)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
90 Subparagraphs 44 - 24(6)(c)(ii) and (7)(b)(ii)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
91 Subsection 44 - 24(11)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
92 Paragraph 44 - 27(e)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
93 Subparagraphs 44 - 28(2)(b)(iv) and (c)(iii)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
94 Subsection 44 - 29(2)
Omit "Residential Care Subsidy" (wherever occurring), substitute "Aged Care (Transitional Provisions)".
95 Paragraph 44 - 30(2)(a)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
96 Subsection 44 - 30(4)
After "Division 36", insert "of the Aged Care Act 1997 ".
97 Subsections 44 - 31(1) and (2)
Omit "Residential Care Subsidy", substitute "Aged Care (Transitional Provisions)".
98 Section 45 - 2
Repeal the section, substitute:
45 - 2 Home care subsidy also dealt with in Aged Care (Transitional Provisions) Principles
* Home care subsidy is also dealt with in the Aged Care (Transitional Provisions) Principles. Provisions of this Part indicate when a particular matter is or may be dealt with in those Principles.
Note: The Aged Care (Transitional Provisions) Principles are made by the Minister under section 96 - 1.
99 Subsection 45 - 3(2)
Omit "Home Care Subsidy", substitute "Aged Care (Transitional Provisions)".
100 Paragraph 46 - 1(1)(a)
After "Part 2.2", insert "of the Aged Care Act 1997 ".
101 Paragraph 46 - 1(1)(b)
After "Part 2.3", insert "of the Aged Care Act 1997 ".
102 Subsection 46 - 1(2) (note)
Omit "Division 7 (relating to a person's approval as a provider of * aged care services) or Division 20", substitute "Division 7 of the Aged Care Act 1997 (relating to a person's approval as a provider of aged care services) or Division 20 of that Act".
103 Sub section 46 - 2(3)
Omit "Home Care Subsidy", substitute "Aged Care (Transitional Provisions)".
104 Paragraph 47 - 2 (b)
Omit "Home Care Subsidy", substitute "Aged Care (Transitional Provisions)".
105 Subsection 47 - 3(4)
Omit "Home Care Subsidy", substitute "Aged Care (Transitional Provisions)".
106 At the end of section 47 - 5
Add "of the Aged Care Act 1997 ".
107 Section 49 - 2
Repeal the section, substitute:
49 - 2 Flexible care subsidy also dealt with in Aged Care (Transitional Provisions) Principles
* Flexible care subsidy is also dealt with in the Aged Care (Transitional Provisions) Principles. Provisions of this Part indicate when a particular matter is or may be dealt with in those Principles.
Note: The Aged Care (Transitional Provisions) Principles are made by the Minister under section 96 - 1.
108 Paragraph 50 - 1(1)(a)
After "Part 2.2", insert "of the Aged Care Act 1997 ".
109 Subparagraph 50 - 1(1)(b)(i)
After "Part 2.3", insert "of the Aged Care Act 1997 ".
110 Subparagraph 50 - 1(1)(b)(ii)
Omit "Flexible Care Subsidy", substitute "Aged Care (Transitional Provisions)".
111 Subparagraph 50 - 1(1)(b)(ii)
After "Part 2.3", insert "of the Aged Care Act 1997 ".
112 Subparagraph 50 - 1(1)(b)(iii)
Omit "Flexible Care Subsidy", substitute "Aged Care (Transitional Provisions)".
113 Subsection 50 - 1(2) (note)
Omit "Division 7 (relating to a person's approval as a provider of * aged care services) or Division 20", substitute "Division 7 of the Aged Care Act 1997 (relating to a person's approval as a provider of aged care services) or Division 20 of that Act".
114 Subsection 50 - 2(1)
Omit "Flexible Care Subsidy", substitute "Aged Care (Transitional Provisions)".
115 Subsection s 51 - 1(1) and (2)
Omit "Flexible Care Subsidy", substitute "Aged Care (Transitional Provisions)".
116 Division 53
Repeal the Division.
117 Part 4.1
Repeal the Part.
118 Divisions 55 and 56
Repeal the Divisions.
119 Division 57 (heading)
Omit " and entry contributions ".
120 Section 57 - 1
Omit " The rules set out in this Division", substitute "Rules set out in Part 3A.3 of the Aged Care Act 1997 ".
121 Paragraph 57 - 2(1)(c)
Omit "section 57 - 3", substitute "section 52M - 1 of the Aged Care Act 1997 ".
122 Paragraph 57 - 2(1)(d)
Omit "User Rights", substitute "Aged Care (Transitional Provisions)".
123 Paragraph 57 - 2(1)(k)
Omit "(see section 57 - 17A)", substitute "(see section 52N - 1 of the Aged Care Act 1997 )".
124 Paragraph 57 - 2(1)(ka)
Omit "section 57 - 3", substitute "section 52M - 1 of the Aged Care Act 1997 ".
125 Paragraph 57 - 2(1)(o)
Omit "Part 4.4 from doing so (see paragraph 66 - 1(j))", substitute "Part 4.4 of the Aged Care Act 1997 from doing so (see paragraph 66 - 1(j) of that Act)".
126 Paragraph 57 - 2(1)(p)
Omit "User Rights", substitute "Aged Care (Transitional Provisions)".
127 Subdivision 57 - B
Repeal the Subdivision.
128 Paragraph 57 - 9(1)(l)
Omit "User Rights", substitute "Aged Care (Transitional Provisions)".
129 Paragraph 57 - 12(1)(c)
Omit "User Rights", substitute "Aged Care (Transitional Provisions)".
130 Subparagraphs 57 - 12(3)(a)(ii) and (b)(ii)
Omit "User Rights", substitute "Aged Care (Transitional Provisions)".
131 Section 57 - 13
Omit "section 57 - 21", substitute "Division 52P of the Aged Care Act 1997 " .
132 Subsections 57 - 14(1) and (2)
Omit "User Rights", substitute "Aged Care (Transitional Provisions)".
133 Subsection 57 - 15(1)
Omit "User Rights", substitute "Aged Care (Transitional Provisions)".
134 Paragraph s 57 - 16 (1)(a) and (2)(a)
Omit "User Rights", substitute "Aged Care (Transitional Provisions)".
135 Subsections 57 - 17(2) and (3)
Omit "User Rights", substitute "Aged Care (Transitional Provisions)".
136 Subdivision 57 - EA
Repeal the Subdivision.
137 Subsections 57 - 18(3), (4) and (5)
Omit "User Rights" (wherever occurring), substitute "Aged Care (Transitional Provisions)".
138 Paragraph 57 - 19(1)(c)
Omit "User Rights", substitute "Aged Care (Transitional Provisions)".
139 Subsections 57 - 20(1), (2), (4), (6) and (7)
Omit "User Rights" (wherever occurring), substitute "Aged Care (Transitional Provisions)".
140 Subdivision 57 - G
Repeal the Subdivision.
141 Paragraph 57 - 23(2)(b)
Omit "section 57 - 21", substitute "Division 52P of the Aged Care Act 1997 ".
142 Subparagraph 57A - 2(1)(a)(ii)
After "section 22 - 2", insert "of the Aged Care Act 1997 ".
143 Paragraph 57A - 2(1)(d)
Omit "User Rights", substitute "Aged Care (Transitional Provisions)".
144 Paragraph 57A - 2(1)(m)
Omit "Part 4.4 from doing so (see paragraph 66 - 1(j))", substitute "Part 4.4 of the Aged Care Act 1997 from doing so (see paragraph 66 - 1(j) of that Act)".
145 Paragraph 57A - 2(1)(n)
Omit "User Rights", substitute "Aged Care (Transitional Provisions)".
146 Subsection 57A - 2(2)
Omit "User Rights", substitute "Aged Care (Transitional Provisions)".
147 Paragraph 57A - 3(1)(g)
Omit "User Rights", substitute "Aged Care (Transitional Provisions)".
148 Subsection 57A - 3(2)
Omit "User Rights", substitute "Aged Care (Transitional Provisions)".
149 Paragraph 57A - 6(1)(c)
Omit "User Rights", substitute "Aged Care (Transitional Provisions)".
150 Subsections 57A - 9(1) and (2)
Omit "User Rights", substitute "Aged Care (Transitional Provisions)".
151 Subsection 57A - 10(1)
Omit "User Rights", substitute "Aged Care (Transitional Provisions)".
152 Subsection 57A - 12(2)
Omit "User Rights", substitute "Aged Care (Transitional Provisions)".
153 Section 58 - 1
After "paragraph 54 - 1(1)(a)", insert "of the Aged Care Act 1997 ".
154 Section 58 - 1
Omit "User Rights" (wherever occurring), substitute "Aged Care (Transitional Provisions)".
155 Section 58 - 2 (step 5)
Omit "User Rights", substitute "Aged Care (Transitional Provisions)".
156 Paragraph 58 - 5(a)
After "Division 35", insert "of the Aged Care Act 1997 ".
157 Division 59
Repeal the Division.
158 Section 60 - 1
After "paragraph 54 - 1(1)(a)", insert "of the Aged Care Act 1997 ".
159 Paragraph 60 - 1(d)
Omit "User Rights", substitute "Aged Care (Transitional Provisions)".
160 Subsections 60 - 2(1) and (2)
Omit "User Rights", substitute "Aged Care (Transitional Provisions)".
161 Divisions 61 and 62
Repeal the Divisions.
162 Parts 4.3 and 4.4
Repeal the Parts.
163 Chapter 5
Repeal the Chapter.
164 Section 84 - 1
Repeal the section, substitute:
84 - 1 What this Chapter is about
This Chapter deals with the reconsideration and administrative review of decisions (see Part 6.1) .
165 Section 85 - 1 (table items 1 to 39 )
Repeal the items.
166 Section 85 - 1 (table items 54 to 59 )
Repeal the items, substitute:
54 | A decision under the Aged Care (Transitional Provisions) Principles made under section 96 - 1 that is specified in the Principles to be a decision reviewable under this section | the provision specified in the Principles as the provision u nder which the decision is made |
167 Parts 6.2 to 6.7
Repeal the Parts.
168 Section 96 - 1
Repeal the section, substitute:
96 - 1 Aged Care (Transitional Provisions) Principles
The Minister may, by legislative instrument, make Aged Care (Transitional Provisions) Principles providing for matters:
(a) required or permitted by this Act to be provided; or
(b) necessary or convenient to be provided in order to carry out or give effect to this Act.
169 Subsection s 96 - 2(5) and (6)
Repeal the subsection s.
170 S ection 96 - 3
Repeal the section.
171 Section 96 - 4 (note)
Omit "Chapter 4", substitute "Chapter 4 of this Act and Chapter 4 of the Aged Care Act 1997 ".
172 Section 96 - 5 (note)
Omit ", * accommodation charge agreements, * home care agreements, * extra service agreements and * resident agreements", substitute "and accommodation charge agreements".
173 Sections 96 - 8, 96 - 9 and 96 - 10
Repeal the sections.
174 Clause 1 of Schedule 1 (definition of accommodation bond )
Repeal the definition, substitute:
"accommodation bond" has the same meaning as in the Aged Care Act 1997 .
175 Clause 1 of Schedule 1 (definition of accommodation bond balance )
Repeal the definition, substitute:
"accommodation bond balance" has the same meaning as in the Aged Care Act 1997 .
176 Clause 1 of Schedule 1 (definition of accommodation charge )
Repeal the definition, substitute:
"accommodation charge" has the same meaning as in the Aged Care Act 1997 .
177 Clause 1 of Schedule 1 (definition of accreditation requirement )
Repeal the definition, substitute:
"accreditation requirement" has the same meaning as in the Aged Care Act 1997 .
178 Clause 1 of Schedule 1 (definition of advocacy grant )
Repeal the definition.
179 Clause 1 of Schedule 1 (definitions of Aged Care Commissioner and Aged Care Pricing Commissioner )
Repeal the definitions.
180 Clause 1 of Schedule 1 (definition of approved provider )
Repeal the definition, substitute:
"approved provider" has the same meaning as in the Aged Care Act 1997 .
181 Clause 1 of Schedule 1 (definition of authorised officer )
Repeal the definition.
182 Clause 1 of Schedule 1 (definition of available for allocation )
Repeal the definition.
183 Clause 1 of Schedule 1 (definition of capital expenditure )
Repeal the definition.
184 Clause 1 of Schedule 1 (definition of capital works costs )
Repeal the definition.
185 Clause 1 of Schedule 1 (definition of certified )
Repeal the definition, substitute:
"certified" has the same meaning as in the Aged Care Act 1997 .
186 Clause 1 of Schedule 1 (definition of classification level )
Repeal the definition, substitute:
"classification level" has the same meaning as in the Aged Care Act 1997 .
187 Clause 1 of Schedule 1 (definition of community visitors grant )
Repeal the definition.
188 Clause 1 of Schedule 1
Insert:
"continuing care recipient" has the same meaning as in the Aged Care Act 1997 .
189 Clause 1 of Schedule 1 (definition of corporation )
Repeal the definition.
190 Clause 1 of Schedule 1 (definition of disqualified individual )
Repeal the definition.
191 Clause 1 of Schedule 1 (definition of distinct part )
Repeal the definition, substitute:
"distinct part" has the same meaning as in the Aged Care Act 1997 .
192 Clause 1 of Schedule 1 (definitions of entry contribution balance and expiry date )
Repeal the definitions.
193 Clause 1 of Schedule 1 (definition of extra service agreement )
Repeal the definition, substitute:
"extra service agreement" has the same meaning as in the Aged Care Act 1997 .
194 Clause 1 of Schedule 1 (definition of extra service place )
Repeal the definition, substitute:
"extra service place" has the same meaning as in the Aged Care Act 1997 .
195 Clause 1 of Schedule 1 (definition of extra service status )
Repeal the definition, substitute:
"extra service status" has the same meaning as in the Aged Care Act 1997 .
196 Clause 1 of Schedule 1 (definition of formal agreement )
Repeal the definition.
197 Clause 1 of Schedule 1 (definition of high level of residential care )
Omit "Classification", substitute "Aged Care (Transitional Provisions ) ".
198 Clause 1 of Schedule 1 (definition of home care agreement )
Repeal the definition, substitute:
"home care agreement" has the same meaning as in the Aged Care Act 1997 .
199 Clause 1 of Schedule 1 (definition of key personnel )
Repeal the definition.
200 Clause 1 of Schedule 1 (definition of lowest applicable classification level )
Repeal the definition, substitute:
"lowest applicable classification level" has the same meaning as in the Aged Care Act 1997 .
201 Clause 1 of Schedule 1 (definition of low level of residential care )
Omit "Classification", substitute "Aged Care (Transitional Provisions ) ".
202 Clause 1 of Schedule 1 (definitions of Military Rehabilitation and Compensation Commission , monitoring powers and operator )
Repeal the definitions.
203 Clause 1 of Schedule 1 (definition of people with special needs )
Repeal the definition, substitute:
"people with special needs" has the same meaning as in the Aged Care Act 1997 .
204 Clause 1 of Schedule 1 (definition of permitted )
Repeal the definition, substitute:
"permitted" has the same meaning as in the Aged Care Act 1997 .
205 Clause 1 of Schedule 1 (definition of personal information )
Repeal the definition.
206 Clause 1 of Schedule 1 (definition of pre - allocation lump sum )
Repeal the definition.
207 Clause 1 of Schedule 1 (definition of protected information )
Repeal the definition.
208 Clause 1 of Schedule 1 (definition of provisional allocation )
Repeal the definition, substitute:
"provisional allocation" has the same meaning as in the Aged Care Act 1997 .
209 Clause 1 of Schedule 1 (definitions of provisional allocation period , provisionally allocated , recoverable amount , region and relinquish )
Repeal the definitions.
210 Clause 1 of Schedule 1 (definition of reportable assault )
Repeal the definition.
211 Clause 1 of Schedule 1 (definition of resident agreement )
Repeal the definition, substitute:
"resident agreement" has the same meaning as in the Aged Care Act 1997 .
212 Clause 1 of Schedule 1 (definition of residential care grant )
Repeal the definition.
213 Clause 1 of Schedule 1 (definition of section 67 - 5 notice time )
Repeal the definition.
214 Clause 1 of Schedule 1 (definitions of unregulated lump sum and unregulated lump sum balance )
Repeal the definitions.
Part 3 -- Transitional and savings provisions
215 Definitions
In this Part:
first commencement time means the time when Part 1 of this Schedule commences.
second commencement time means the time when this Part commences.
216 Instruments under the Aged Care Act 1997
(1) This item applies if:
(a) an instrument made under a provision of the Aged Care Act 1997 was in force immediately before the first commencement time; and
(b) immediately after the second commencement time, there is a corresponding provision in the Aged Care (Transitional Provisions) Act 1997 .
(2) Without limiting its effect apart from this item, the instrument is also taken, after the second commencement time, to have been made under the corresponding provision.
217 Applications, requests and other processes begun under the Aged Care Act 1997
(1) This item applies if:
(a) a process begun (including by application or request) under a provision of the Aged Care Act 1997 before the first commencement time was not completed by that time; and
(b) immediately after the second commencement time, there is a corresponding provision in the Aged Care (Transitional Provisions) Act 1997 .
(2) Without limiting its effect apart from this item, the process is also taken, after the second commencement time, to have been begun under the corresponding provision.